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Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

Part 3 : Access to Records of Private Bodies

Chapter 5 : Third Party Notification and Intervention

71. Notice to third parties

 

(1) The head of a private body considering a request for access to a record that might be a record contemplated in section 63(1), 64(1), 65 or 69(1), must take all reasonable steps to inform a third party to whom or which the record relates of the request.

 

(2) The head must inform a third party in terms of subsection (1)—
(a) as soon as reasonably possible, but in any event within 21 days after that request is received; and
(b) by the fastest means reasonably possible.

 

(3) When informing a third party in terms of subsection (1), the head must—
(a) state that he or she is considering a request for access to a record that might be a record contemplated in section 63(1), 64(1), 65 or 69(1), as the case may be, and describe the content of the record;
(b) furnish the name of the requester;
(c) describe the provisions of section 63(1), 64(1), 65 or 69(1), as the case may be;
(d) in any case where the head believes that the provisions of section 70 might apply, describe those provisions, specify which of the circumstances referred to in section 70(a) in the opinion of the head might apply and state the reasons why he or she is of the opinion that section 70 might apply; and
(e) state that the third party may, within 21 days after the third party is informed—
(i) make written or oral representations to the head why the request for access should be refused; or
(ii) give written consent for the disclosure of the record to the requester.

 

(4) If a third party is informed orally of a request for access in terms of subsection (1), the head must give a written notice stating the matters referred to in subsection (3) to the third party.